Whether you suffered a traumatic brain injury, road rash, back injury, or any other type of serious injury, when someone else is responsible, they should compensate you accordingly. However, far too many liable parties refuse to accept responsibility for their actions. When this happens, having a strategically aggressive Stockton pedestrian accident lawyer from Triumph Law advocate for your rights may be in your best interests.
With our firm on your side, you can rest easier. A dedicated Stockton personal injury lawyer with our firm will fight tirelessly to build the strongest case possible. Contact our legal team to request a free consultation today and learn more about California’s pedestrian right-of-way laws, how they could affect the outcome of your case, and what your next steps should be in the claims process.
Fast Pedestrian Accident Facts and Stats
According to the Governors Highway Safety Association (GHSA), in the first half of 2023, there were 3,373 pedestrian accident fatalities. 2022 saw a total of more than 7,500 pedestrian accident deaths, which is the greatest number of fatalities in the last 40 years. With pedestrian accident fatalities continuing to rise, it is crucial to advocate for your right to maximum compensation and demand those responsible are brought to justice.
There is no reason you should be forced to cover your costs when someone else is responsible. Turn to a pedestrian accident law firm you can rely on. We work for you on contingency, absorbing the risks on your behalf so you can recuperate while we build the strongest case possible.
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(916) 500-0000We Must Evaluate the Cause of Your Pedestrian Accident to Establish Fault and Liability
One of your car accident lawyer in Stockton’s most important responsibilities will be to establish liability and negligence. The at-fault party should be ordered to compensate you for every single loss. Some of the most common causes of pedestrian accidents include:
- Driving over the speed limit
- Poor weather conditions
- Drunk or drugged driving
- Distracted driving
- Lack of sufficient crosswalks
- Poor street lighting
- Failure to check blind spots
- Defective motor vehicle parts
- Refusing to yield to the right of way
- Driving while fatigued
- Defective crossing lights
These are just a few examples of how pedestrian accidents can occur. You can rely on your legal advocate to carefully examine the circumstances of your case to ensure all parties that share blame are held accountable. Our team will account for every loss to ensure you receive the fair compensation you are entitled to.
When Pedestrians Could Share Blame
Far too many injured pedestrians fail to get the legal help they deserve because they are worried they do not have grounds for a claim. You may be worried that the liable party will blame you for causing the accident. However, California follows a pure comparative negligence system.
According to California Civil Code §1714(a), sharing blame will not prohibit you from recovering compensation. Instead, your settlement will be reduced by how much blame you carry. For instance, if you were jaywalking at the time of the accident, the judge might find you 20% responsible, which would result in your settlement being reduced by 20%.
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Some Injuries Are More Common in Pedestrian Accident Claims
Pedestrians often suffer debilitating injuries. The type of injury you sustained will determine how much compensation you recover and how significantly your life will be affected by the collision. Examples of injuries our former clients have endured include:
- Brain trauma
- Spinal cord injuries
- Neck and back injuries
- Paralysis
- Amputation
- Compound fractures
- Contusions
- Organ damage
- Puncture wounds
- Internal bleeding
- Broken bones
While the severity of your injuries can significantly impact the outcome of your case, it is not the only thing that matters. Your pedestrian accident attorney in Stockton will also need to prove that the elements of negligence have been met. These include duty of care, breach of duty, causation, and damages.
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How to Demand the Liable Party Be Brought to Justice
If you hope to maximize your compensation after being struck by a car while walking, it is important to take advantage of every possible opportunity for justice. Often, this includes filing a claim with the insurance company or bringing your case to trial. Here is a brief rundown of how each process works:
- Filing a claim with the insurance company – When you file a claim with the insurance company, you will be dealing with the liable party’s insurer because California is a fault insurance state, according to the Department of Insurance. Insurance policies generally only cover specific types of covered losses, so you will be limited by how much coverage the policyholder has purchased.
- Pursuing a personal injury lawsuit – When you file a personal injury lawsuit, you can take legal action against anyone who shares blame for your injuries. You have the right to be fully reimbursed for both economic and non-economic damages and possibly even punitive damages as described under California Civil Code §3294.
Never accept a settlement offer from the insurance company without having your pedestrian accident lawyer in Stockton with Triumph Law review it first. Do not feel intimidated at the thought of going to trial, as this is often the best way to get the most out of your claim. You may be able to avoid filing a lawsuit altogether if the liable party’s insurance coverage is enough to meet your needs.
Connect with a Premier Stockton Pedestrian Accident Lawyer
You may be feeling intimidated, overwhelmed, and confused by all the legal jargon surrounding personal injury lawsuits and insurance claims online. Do not stress yourself out further by trying to make sense of it all alone. When you turn to a knowledgeable and compassionate Stockton pedestrian accident attorney from Triumph Law, you can get the answers you deserve.
Contact our law office to request a free consultation today. When you do, we can discuss your questions and concerns more specifically. You can reach us by phone or through our convenient contact form to get started on your case.